SKILL ROADMAP 19 · CORE LEGAL SKILLS

Negotiation

Interests → Preparation → Strategy → Negotiating → Agreement

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  • This roadmap has 5 steps, 3 checkpoints and 2 projects.
  • Open the interactive version to tick checkpoints and projects. Your progress is saved in your browser.

1 What this path is

Negotiation is the skill of reaching an agreement that serves your client's interests, whether in a deal, a settlement or a mediation.

2 Who this path may suit

Corporate lawyers, in-house counsel, ADR professionals and litigators who settle disputes.

3 The roadmap, step by step

  1. Understand interests.
    Learn: the difference between what a party says they want and what they actually need.
    Practise: by identifying the interests behind positions in a news story about a dispute.
  2. Prepare.
    Learn: to work out your best alternative if talks fail and the other side's likely position.
    Practise: by writing a preparation note before every role play.
  3. Plan a strategy.
    Learn: when to open, what to concede and what to hold firm on.
    Practise: by planning concessions in advance.
  4. Negotiate.
    Learn: to listen, ask questions and propose solutions that work for both sides.
    Practise: through negotiation competitions and role plays.
  5. Close and record.
    Learn: to confirm the agreement in writing accurately.
    Practise: by drafting heads of agreement after a role play.

4 Your levels and checkpoints

Beginner level

  • Explain interests versus positions

Intermediate level

  • Prepare and conduct a role play negotiation

Advanced level

  • Negotiate contract terms or settlements in practice

Advanced professional level

You negotiate complex deals and settlements effectively and ethically.

These checklists are for honest self assessment. They are not an official certification.

5 Build these projects

  1. Preparation notes and outcome summaries from three role plays
  2. Heads of agreement drafted after a negotiation

6 Internship direction

Corporate firms, in-house teams and mediation centres.

7 Portfolio evidence

Role play notes and competition records.

8 Common mistakes

  • Negotiating without preparing alternatives
  • Focusing only on winning instead of a workable agreement

9 Go deeper

Arbitration and ADR roadmap in Section 4

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